IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15450 OF 2013 (GM-PDS) BETWEEN:
R. ASHWATH S/O RAMAIAH AGED ABOUT 50 YEARS R/A DOOR NO.3 IST MAIN, 12TH CROSS MOODLUPALYA KALYAN NAGAR NAGARABHAVI BANGALORE-72.
(BY SRI. H.C. SHIVARAMU, ADV.,) … PETITIONER AND:
1. THE JOINT DIRECTOR/ADDITIONAL DIRECTOR (FOOD & CIVIL SUPPLIES) MARKETING FEDERATION BUILDING CUNNINGHAM ROAD BANGALORE-560052.
2. THE DEPUTY DIRECTOR OF FOOD & CIVIL SUPPLIES WEST RANGE, BANGALORE.
3. THE COMMISSIONER/DIRECTOR OF FOOD & CIVIL SUPPLIES CUNNINGHAM ROAD, BANGALORE.
4. THE SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES GOVERNMENT OF KARNATAKA VIKAS SOUDHA, BANGALORE-560001.
… RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 8.2.13 PASSED BY R4 VIDE ANNX-J. CONSEQUENTLY QUASH THE ORDER DATED 28.1.12 PASSED BY THE R3 VIDE ANNX-H. CONSEQUENTLY QUASH THE ORDER DATED 21.9.10 PASSED BY R1 VIDE ANNX-F AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.H.C.Shivaramu, learned counsel for the petitioner.
Smt.Niloufer Akbar, learned Additional Government Advocate for respondent Nos.1 to 4.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner has assailed the validity of orders dated 21.09.2010, 28.01.2012 and 08.02.2013 under the provisions of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992.
3. Learned counsel for the petitioner submitted that the appellate authority has passed the impugned order dated 28.01.2012 without affording any opportunity of hearing to the petitioner. However, the aforesaid aspect of the matter has not been appreciated by the revisional authority while passing the order dated 08.02.2013.
4. On the other hand, learned Additional Government Advocate submitted that the petitioner had appeared through his counsel in the proceedings before the appellate authority and was heard.
5. Learned Additional Government Advocate has produced a copy of the order dated 22.02.2019 i.e., communication issued by the Deputy Director, Food Civil Supplies, Consumer Affairs Department, West Range, Bengaluru, in which it is stated that the Kerosene allocation has been stopped in Bengaluru City in a phased manner since July, 2016 and submitted that no effective relief can be granted to the petitioner.
6. The aforesaid communication produced by learned Additional Government Advocate is taken on record.
7. Be that as it may, from a perusal of communication dated 22.02.2019 sent by the Deputy Director, Food Civil Supplies, Consumer Affairs Department, West Range, Bengaluru, it is evident that Kerosene allocation in the City of Bengaluru has been stopped in a phased manner since July, 2016 and the Kerosene Cards have been converted into LPG Gas Cards and there are no Kerosene retailers and therefore, no effective relief can be granted to the petitioner in this petition.
8. Needless to state that in case, the State Government changes the bye-laws in future, the petitioner shall be at liberty to approach this Court with regard to his grievance.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE dn/-